Animal Protection Laws of Colorado

Transcription

1 SUBSTANTIVE PROHIBITIONS 1. DEFINITION OF ANIMAL 2. GENERAL CRUELTY 3. EXEMPTIONS 4. FIGHTING & RACKETEERING 5. SEXUAL ASSAULT Animal Protection Laws of Colorado PROCEDURAL MATTERS 6. MAXIMUM PENALTIES & STATUTE OF LIMITATIONS 7. CROSS ENFORCEMENT & REPORTING 8. VETERINARIAN REPORTING & IMMUNITY 9. LAW ENFORCEMENT POLICIES 10. SEIZURE 11. COURTROOM ANIMAL ADVOCATE PROGRAM 12. PROTECTION ORDERS 13. RESTITUTION 14. FORFEITURE & POSSESSION BANS 15. COURT-ORDERED TREATMENT MISCELLANEOUS PROVISIONS 16. HOT CARS 17. CIVIL NUISANCE ABATEMENT 18. AG-GAG LAWS 19. BREED SPECIFIC LEGISLATION This chapter contains Colorado s general animal protection and related statutes with an effective date on or before September 1, It begins with a detailed overview of the provisions contained in these laws, followed by the full text of the statutes themselves. The various provisions are organized into categories with the relevant part of each statute italicized. Colorado may employ similar provisions within other non-animal-specific criminal and civil statutes; may have other more specific statutes in addition to those included; and may have a variety of animal-related regulations in effect. Because the law is continually evolving, always review an official source for the most current language of any statute.

2 P a g e 2 COLORADO 1. DEFINITION OF ANIMAL [A]ny living dumb creature, including a service animal COLO. REV. STAT [A]ny living dumb creature COLO. REV. STAT (3) 2. GENERAL CRUELTY * Definitions COLO. REV. STAT General cruelty to animals COLO. REV. STAT st offense: Class 1 misdemeanor Subsequent offenses: Class 6 felony Intentional abandonment of a dog or cat COLO. REV. STAT Class 1 misdemeanor Aggravated cruelty to animals COLO. REV. STAT st offense: Class 6 felony Subsequent offenses: Class 5 felony Legislative declaration COLO. REV. STAT Definitions COLO. REV. STAT Care of confined animal COLO. REV. STAT (1) Civil Mistreatment or neglect of an animal COLO. REV. STAT (1) Civil

3 P a g e 3 3. EXEMPTIONS Veterinary practice, research animals, wildlife, accepted farm animal husbandry practices, pest control, rodeo, other COLO. REV. STAT ; (2)(a.5)(VII),(2.5),(3) Research animals, wildlife, accepted farm animal husbandry practices, zoos/circuses, other COLO. REV. STAT FIGHTING & RACKETEERING Various animal fighting activities COLO. REV. STAT , st offense: Class 5 felony Subsequent offenses: Class 4 felony Fines collected for these offenses shall be transmitted to the county in which they occurred 5. SEXUAL ASSAULT Definitions COLO. REV. STAT (5) Sexual assault of an animal COLO. REV. STAT (1)(a) First offense: Class 1 misdemeanor Subsequent offenses: Class 6 felony 6. MAXIMUM PENALTIES & STATUTE OF LIMITATIONS** NOTE: Some penalties defined in substantive statutes, available in the General Cruelty section of this document. Class 1 misdemeanor 18 months prison and/or $5,000 fine COLO. REV. STAT Class 6 felony 18 months prison and/or $100,000 fine COLO. REV. STAT (Note: for second or subsequent convictions of animal cruelty: mandatory jail or home detention; mandatory minimum $1,000 fine; and mandatory counseling) COLO. REV. STAT (2)(b) COLO. REV. STAT (2)(a.5)(V)

4 P a g e 4 Class 5 felony 3 years prison and/or $1000 fine COLO. REV. STAT Civil Injunctions, forfeiture, liability for costs of care COLO. REV. STAT ; 109; 112 Statute of Limitations Misdemeanor: 18 months Colo. Rev. Stat (1)(a) Felony: 3 years Colo. Rev. Stat (1)(a) 7. CROSS ENFORCEMENT & REPORTING Good faith reporting of animal cruelty results in immunity from civil liability. COLO. REV. STAT Officers and agents of the state bureau of animal protection, and animal control officers shall report suspected child abuse and neglect. COLO. REV. STAT VETERINARIAN REPORTING & IMMUNITY Veterinarians must provide animal care records to law enforcement during an animal cruelty investigation COLO. REV. STAT Veterinarians shall report suspected animal cruelty and are immune from liability in any civil or criminal action. COLO. REV. STAT Any person, including a veterinarian, who reports animal cruelty in good faith is immune from civil liability. COLO. REV. STAT The veterinary-patient-client privilege may not be asserted for the purpose of excluding or refusing evidence or testimony in a prosecution for animal cruelty or fighting. COLO. REV. STAT (3)(a)(XIV) 9. LAW ENFORCEMENT POLICIES Animal control officers may issue citations, summonses and

5 P a g e 5 complaints. COLO. REV. STAT State bureau of animal protection COLO. REV. STAT The commissioner of the department of agriculture shall appoint such animal protection agents as are necessary to carry out the provisions of Article 42 Animal Protection. The commissioner may appoint agents who are employees of the state, nonprofit corporations, municipal corporations, counties, cities, cities and counties, or any other local governmental entity or political subdivision of the state. COLO. REV. STAT , Any officer or agent of the bureau of animal protection may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty. COLO. REV. STAT (8) The commissioner shall make any investigations necessary to ensure compliance with Article 42 Animal Protection. COLO. REV. STAT The commissioner or his designee shall enforce the provisions of this article; may issue cease-and-desist orders; and ask the court to restrain or enjoin actions that contravene Article 42 Animal Protection. In any such action, the commissioner shall not be required to plead or prove irreparable injury or the inadequacy of the remedy at law. COLO. REV. STAT See editor s note 10. SEIZURE A peace officer may impound an animal that the peace officer has probable cause to believe is a victim of animal cruelty, neglect or animal fighting. COLO. REV. STAT (1.8) Officers and agents of the bureau of animal protection, peace officers, and licensed veterinarians may enter areas or non-residence buildings to care for animals confined without adequate food or water. No liability for any such action. COLO. REV. STAT

6 P a g e 6 The commissioner may take charge of, provide for, or remove from the area or building any companion animal found to be mistreated or neglected to such degree or abandoned in any circumstance so that the animal s life or health is endangered; livestock may similarly be treated pursuant to a court order. COLO. REV. STAT (2)(5) Any officer or agent of the bureau of animal protection may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty. COLO. REV. STAT (8) During regular business hours, the commissioner shall have free and unimpeded access, upon consent or upon obtaining an administrative search warrant, to all buildings, yards, pens, pastures, and other areas in which any animals are kept, handled, or transported for the purpose of carrying out any provision of Article 42 Animal Protection or any rule made pursuant to the article. COLO. REV. STAT (2)(a) 11. COURTROOM ANIMAL ADVOCATE PROGRAM PROTECTION ORDERS Abuse of the elderly or of an at-risk adult includes abuse or threats of violence against an animal of the elderly or at-risk adult. COLO. REV. STAT (1)(f) Domestic abuse/violence includes crimes against a person s animal. COLO. REV. STAT (2), Protective orders may include the animals of a protected person. COLO. REV. STAT (2.4), Civil and emergency protective orders may include animals of a protected person. COLO. REV. STAT (1)(b),

7 P a g e 7 Definition of domestic violence includes crimes against animals COLO. REV. STAT Harassing/injuring/being within specific distance of an animal may be a violation COLO. REV. STAT RESTITUTION Owner or custodian liable for costs of care and disposal of animal must file a payment for impound, care, and provision expenses as determined by the impounding agency, within 10 days of animal s seizure. COLO. REV. STAT Upon sale of an impounded animal, proceeds shall be used for costs of the sale and care and provision of the animal. COLO. REV. STAT Upon a judgment by the court that a person is able to adequately provide for an animal, the animal shall be returned after all reasonable expenses for care provided by the commissioner have been paid. COLO. REV. STAT (5)(c) If an animal in the custody or protection of the commissioner is ordered sold by the court, expenses for the care of the animal shall be recovered from the proceeds. COLO. REV. STAT (5)(d), (6)(a)(c) State animal protection fund may collect donations, proceeds from sales of animals pursuant to court order, restitutions, and general fund appropriations. Proceeds shall be used by the department of agriculture in carrying out Article 42 Animal Protection. COLO. REV. STAT FORFEITURE & POSSESSION BANS Animal shelter may dispose of animal if owner fails to post a bond for costs of impound and care, or if animal is experiencing extreme pain or suffering. COLO. REV. STAT Court may order a mistreated animal forfeited if ownership is

8 P a g e 8 unknown; or if owner should have known of the mistreatment of the animal and failed to take reasonable steps to prevent it; or as an element of sentencing for a violation of the animal protection laws. COLO. REV. STAT Definition of animal shelter COLO. REV. STAT (1) If a companion animal is not cared for by a person other than an agent or officer of the bureau of animal protection or a peace officer or veterinarian within 72 hours of posting notice of entry to care for the animal, the animal is presumed abandoned. COLO. REV. STAT (4) If, upon petition, a court determines that an owner of an animal seized is not able to adequately provide for the animal, or is not fit to own the animal, the court shall order the animal sold, placed for adoption, given to a shelter, humanely destroyed or otherwise disposed. COLO. REV. STAT (6) Failure to pay court-ordered expenses may result in disposition of a seized animal. COLO. REV. STAT (7) Injured animals may be euthanized. COLO. REV. STAT COURT-ORDERED TREATMENT Court shall order a pre-sentencing evaluation and may order a treatment program in addition to other penalties. COLO. REV. STAT (2)(a.5)(II), (III), (IV) Mandatory treatment for 2 nd offense COLO. REV. STAT (2)(a.5)(V) Juveniles adjudicated as delinquent for committing animal cruelty may be required to complete anger management training or other treatment programs as determined by the court. COLO. REV. STAT (1) 16. HOT CARS Civil and criminal immunity for removing animal from locked vehicle.

9 P a g e 9 COLO. REV. STAT Criminal immunity for rendering emergency aid to animal in locked vehicle. COLO. REV. STAT CIVIL NUISANCE ABATEMENT AG-GAG LAWS BREED SPECIFIC LEGISLATION A municipality s rule or law shall not regulate dangerous dogs in a manner specific to breed. COLO. REV. STAT (5)(a) * States may have other more specific statutes in addition to the general animal protection statutes referenced in this table. ** Despite statutory maximums, states often employ sentencing guidelines that may significantly alter the allowable sentence. This table generally references only those provisions that are within each state s animal protection statutes. States may employ similar provisions within other non-animal-specific criminal and civil statutes, and may also have a variety of animal-related regulations in effect.

10 P a g e 10 COLO. REV. STAT Definitions. 1. DEFINITION OF ANIMAL As used in in this part 2, unless the context otherwise requires: (1) Abandon means the leaving of an animal without adequate provisions for the animal s proper care by its owner, the person responsible for the animal s care or custody, or any other person having possession of such animal. (2) "Animal" means any living dumb creature, including a certified police working dog, a certified police working horse, and a service animal as those terms are defined, respectively, in subsections (2.3), (2.4) and (4.7) of this section. (2.3) "Certified police working dog" means a dog that has current certification from a state or national agency or an association that certifies police working dogs, and that is part of a working law enforcement team. (2.4) Certified police working horse means a horse that has current certification from a state or national agency or an association that certifies police working horses, and that is part of a working law enforcement team. (2.5) Disposal or disposition means adoption of an animal; return of an animal to the owner; sale of an animal under section (4); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S., or release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service; or euthanasia. (2.7) Euthanasia means to produce a humane death by techniques accepted by the American veterinary medical association. (2.9) Livestock means bovine, camelids, caprine, equine, ovine, porcine, and poultry. (3) Mistreatment means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. (4) Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal s health and well-being consistent with the species, breed, and type of animal. (4.5) "Serious physical harm", as used in section , means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or (c) Any physical harm that causes acute pain of a duration that results in substantial suffering. (4.7) "Service animal" means any animal, the services of which are used to aid the performance of official duties by a fire department, fire protection district, or governmental search and rescue agency. Unless otherwise specified, "service animal" does not include a "certified police working dog" or a certified police working horse as defined in subsections (2.3) and (2.4) of this section. (5) Sexual act with an animal means an act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of

11 P a g e 11 the other. A sexual act with an animal may be proven without allegation or proof of penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal husbandry practices. COLO. REV. STAT Definitions. As used in this article, unless the context otherwise requires: (1) Abandon means the leaving of an animal without adequate provisions for the animal's proper care by its owner, the person responsible for the animal's care or custody, or any other person having possession of such animal. (2) Accepted animal husbandry means practices generally recognized as appropriate in the care of animals consistent with the species, breed, and type of animal. (3) Animal means any living dumb creature. (4) Commissioner means the Colorado commissioner of agriculture or his designee. (5) Companion animal means domestic dogs, domestic cats, small pet birds, and other nonlivestock species. (6) Department means the Colorado department of agriculture. (7) Division means the division of animal industry of the department of agriculture. (8) Livestock means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the commissioner as agricultural products. (9) Mistreat means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. (10) Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal's health and well-being consistent with the species, breed, and type of animal.

12 P a g e 12 COLO REV. STAT Definitions. 2. GENERAL CRUELTY As used in in this part 2, unless the context otherwise requires: (1) Abandon means the leaving of an animal without adequate provisions for the animal s proper care by its owner, the person responsible for the animal s care or custody, or any other person having possession of such animal. (2) "Animal" means any living dumb creature, including a certified police working dog, a certified police working horse, and a service animal as those terms are defined, respectively, in subsections (2.3), (2.4) and (4.7) of this section. (2.3) "Certified police working dog" means a dog that has current certification from a state or national agency or an association that certifies police working dogs, and that is part of a working law enforcement team. (2.4) Certified police working horse means a horse that has current certification from a state or national agency or an association that certifies police working horses, and that is part of a working law enforcement team. (2.5) Disposal or disposition means adoption of an animal; return of an animal to the owner; sale of an animal under section (4); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S., or release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service; or euthanasia. (2.7) Euthanasia means to produce a humane death by techniques accepted by the American veterinary medical association. (2.9) Livestock means bovine, camelids, caprine, equine, ovine, porcine, and poultry. (3) Mistreatment means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. (4) Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal s health and well-being consistent with the species, breed, and type of animal. (4.5) "Serious physical harm", as used in section , means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or (c) Any physical harm that causes acute pain of a duration that results in substantial suffering. (4.7) "Service animal" means any animal, the services of which are used to aid the performance of official duties by a fire department, fire protection district, or governmental search and rescue agency. Unless otherwise specified, "service animal" does not include a "certified police working dog" or a certified police working horse as defined in subsections (2.3) and (2.4) of this section. (5) Sexual act with an animal means an act between a person and an animal involving direct physical contact between the genitals of one and the mouth, anus, or genitals of

13 P a g e 13 the other. A sexual act with an animal may be proven without allegation or proof of penetration. Nothing in this subsection (5) shall be construed to prohibit accepted animal husbandry practices. COLO. REV. STAT Cruelty to animals--aggravated cruelty to animals--neglect of animals offenses. (1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal. (b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals. (1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal. (b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. (c) A person commits cruelty to a service animal or a certified police working dog or certified police working horse if he or she violates the provisions of subsection (1) of this section with respect to a service animal, certified police working dog, or certified police working horse, as those terms are defined in sections (2.3), (2.4) and (4.7), whether the service animal, certified police working dog, or certified working horse is on duty or not on duty. (1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of section and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order. (2) (a) Except as otherwise provided in subsection (2)(b) of this section, cruelty to animals, or cruelty to a service animal, certified police working dog, or certified

14 P a g e 14 police working horse pursuant to subsection (1.5)(c) of this section, is a class 1 misdemeanor. (a.5) (I) Repealed by Laws 2000, Ch. 282, 2, eff. July 1, (II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program or any other appropriate treatment program. (III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate. (IV) Upon successful completion of an anger management treatment program or any other treatment program deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar mandatory minimum fine which shall be imposed at the time of sentencing. (V) In addition to any other sentence imposed upon a person for a violation of any criminal law under title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, or cruelty to a service animal or certified police working dog or certified police working horse pursuant to subsection (1.5)(c) of this section required to pay a mandatory minimum fine of one thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program. (VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case. (VII) This subsection (2)(a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal

15 P a g e 15 (b) (I) (II) (III) government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping. A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section. In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that: (A) The offender, pursuant to section (1), be committed to the county jail for ninety days; or (B) The offender, pursuant to section (3), be subject to home detention for no fewer than ninety days. In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section , including, but not limited to, the cost of care. (c) Aggravated cruelty to animals is a class 6 felony; except that a second or subsequent conviction for the offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for purposes of this section. (d) (I) (II) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, the court shall order him or her to make restitution to the agency or individual owning the service animal for any veterinary bills and replacement costs of the service animal if it is disabled or killed as a result of the cruelty to animals incident. If a person is convicted of cruelty to a certified police working dog or certified police working horse pursuant to subsection (1.5)(c) of this section, the court shall order him or her to make restitution to the agency or individual owning the certified police working dog or certified police working horse for all expenses, including any immediate and ongoing veterinary expenses related to the incident, and replacement costs for the certified police working dog or certified police working horse if it is permanently disabled or killed as a result of the cruelty to animals incident. If the court finds that the person who is convicted of cruelty to a certified police working

16 P a g e 16 dog pursuant to subsection (1.5)(c) of this section did so with malicious intent, the person shall additionally make restitution to the agency or individual owning the certified police working dog or certified police working horse for all training and certification costs related to the certified police working dog or certified police working horse. (2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock. (3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title 33, C.R.S. COLO. REV. STAT Legislative declaration. The general assembly hereby finds and declares that the protection of companion animals and livestock is a matter of statewide concern; and that it is the policy of this state that persons responsible for the care or custody of such animals be persons fit to adequately provide for the health and well-being of such animals. COLO. REV. STAT Definitions. As used in this article, unless the context otherwise requires: (1) Abandon means the leaving of an animal without adequate provisions for the animal s proper care by its owner, the person responsible for the animal s care or custody, or any other person having possession of such animal. (2) Accepted animal husbandry means practices generally recognized as appropriate in the care of animals consistent with the species, breed, and type of animal. (3) Animal means any living dumb creature. (4) Commissioner means the Colorado commissioner of agriculture or his designee. (5) Companion animal means domestic dogs, domestic cats, small pet birds, and other nonlivestock species. (6) Department means the Colorado department of agriculture. (7) Division means the division of animal industry of the department of agriculture. (8) Livestock means cattle, swine, sheep, goats, and such horses, mules, asses, and other animals used in the farm or ranch production of food, fiber, or other products defined by the commissioner as agricultural products. (9) Mistreat means every act or omission which causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. (10) Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal s health and

17 P a g e 17 well-being consistent with the species, breed, and type of animal. COLO. REV. STAT Care of confined animal. (1) Except as authorized by law, no animal shall be confined without an adequate supply of food and water. If any animal is found to be confined without adequate food or water, it shall be lawful for any officer or agent of the bureau, a peace officer within his jurisdiction, or a licensed veterinarian to, from time to time as may be necessary, enter into any and upon any area or building where such animal is confined and supply it with adequate food and water; except that such entry shall not be made into any building which is a person s residence, unless by search warrant or court order. (2) Such officer, agent, peace officer, or veterinarian shall not be liable in any action for such entry. (3) Notice of the entry and care shall be given by posting such notification at an entrance to or at a conspicuous place upon such area or building where such animal is confined. (4) In the case of companion animals, if such animal is not cared for by a person other than an agent or officer of the bureau or a peace officer or veterinarian within seventy-two hours of the posting of said notification, such animal shall be presumed to have been abandoned under circumstances in which the animal s life or health is endangered. COLO. REV. STAT Protection of animals mistreated, neglected, or abandoned. (1) No animal shall be mistreated or neglected to such degree or abandoned in any circumstance so that the animal s life or health is endangered. (2) (a) The commissioner may take charge of, provide for, or remove from the area or building where found any companion animal found to be mistreated or neglected to such degree or abandoned in any circumstance so that the animal s life or health is endangered. The commissioner shall petition any court of competent jurisdiction for a prompt hearing to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal. (b) Pursuant to court order, the commissioner may take charge of, provide for, or remove from the area or building where found any livestock found to be mistreated or neglected to such degree or abandoned in any circumstance so that the animal s life or health is endangered. The commissioner shall petition any court of competent jurisdiction for a prompt hearing to determine whether the owner, if known, is able to adequately provide for the animal and is a fit person to own the animal. (3) (a) The commissioner shall cause to be served upon the owner:

18 P a g e 18 (I) (II) If the owner is known and residing within the jurisdiction wherein the animal is found, written notice at least five days prior to the hearing of the time and place of the hearing; If the owner is known but residing out of the jurisdiction where such animal is found or if the commissioner is unable after reasonable attempts to serve the owner, written notice by any method, including posting at least five days prior to the hearing at a place provided for public notices in the jurisdiction wherein such hearing shall be held, or service of process shall be given. (b) If the owner is not known, the commissioner shall cause to be published, in a newspaper of general circulation in the jurisdiction wherein such animal is found, notice of the hearing, and shall further cause notice of the hearing to be posted at a place provided for public notices in the jurisdiction wherein such hearing shall be held, at least five days prior to the hearing. (4) Such hearing shall be held promptly after the date of the seizure of the animal. (5) (a) The commissioner may, in his discretion, provide for such animal until judgment by the court. (b) The court may order the animal sold and the proceeds deposited in the registry of the court pending a decision. (c) The court may adjudge that the owner is a person able to adequately provide for such animal and a person fit to own the animal, in which case the animal shall be returned to the owner after all reasonable expenses of any food, shelter, and care provided by the commissioner have been paid; except that, if such expenses are not paid within ten days of a court order adjudging the owner a person able to adequately provide for such animal and a person fit to own the animal, the commissioner may, in his discretion and without liability, dispose of the animal by selling it at public auction, placing it for adoption in a suitable home, giving it to a suitable animal shelter, or humanely destroying it as deemed proper by the commissioner. (d) With respect to the sale of an animal, the proceeds shall first be applied to the costs of the sale and then to the expenses for the care and provision of the animal, and the remaining proceeds, if any, shall be paid over to the owner of the animal. If the owner of the animal cannot be found, any remaining proceeds shall be paid into the estray fund, created pursuant to section (e) At least six days prior to disposing of the animal, the commissioner shall provide written notice to the owner at his last-known address of the time and place of the disposition of the animal. (6) (a) If the owner is adjudged by the court a person unable to adequately provide for the animal or a person not fit to own the animal, then the court shall order that the animal be: (I) Sold by the commissioner at public auction;

19 P a g e 19 (II) Placed for adoption in a suitable home; (III) Given to a suitable animal shelter; (IV) Humanely destroyed as deemed proper by the court; or (V) Disposed of in any other manner as deemed proper by the court. (b) In no case shall the person adjudged unable to adequately provide for the animal or unfit to own the animal be allowed to purchase directly or indirectly the animal at any sale. (c) With respect to the sale of an animal, the proceeds shall first be applied to the costs of the sale and then to the expenses for the care and provision of the animal, with the remaining proceeds, if any, being paid over to the owner of the animal. If the owner of the animal cannot be found, any remaining proceeds shall be paid into the estray fund, created pursuant to section (7) Nothing in this section shall be construed to prohibit the destruction of an animal as provided in section (8) Any officer or agent of the bureau may lawfully interfere to prevent the perpetration of an act of mistreatment, neglect, abandonment, or cruelty, pursuant to part 2 of article 9 of title 18, C.R.S., which act occurs in his presence.

20 P a g e 20 COLO. REV. STAT Scope of part EXEMPTIONS (1) Nothing in this part 2 shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of title 35, COLO. REV. STAT. ANN. (2) In case of any conflict between this part 2 or section , COLO. REV. STAT. ANN., and the wildlife statutes of the state, said wildlife statutes shall control. (3) Nothing in this part 2 shall affect animal care otherwise authorized by law. (4) Nothing in this part 2 shall affect facilities licensed under the provisions of the federal Animal Welfare Act of 1970, 7 U.S.C. sec et seq., as amended. COLO. REV. STAT Cruelty to animals--aggravated cruelty to animals--neglect of animals offenses. (1) (a) A person commits cruelty to animals if he or she knowingly, recklessly, or with criminal negligence overdrives, overloads, overworks, torments, deprives of necessary sustenance, unnecessarily or cruelly beats, allows to be housed in a manner that results in chronic or repeated serious physical harm, carries or confines in or upon any vehicles in a cruel or reckless manner, engages in a sexual act with an animal, or otherwise mistreats or neglects any animal, or causes or procures it to be done, or, having the charge or custody of any animal, fails to provide it with proper food, drink, or protection from the weather consistent with the species, breed, and type of animal involved, or abandons an animal. (b) Any person who intentionally abandons a dog or cat commits the offense of cruelty to animals. (1.5) (a) A person commits cruelty to animals if he or she recklessly or with criminal negligence tortures, needlessly mutilates, or needlessly kills an animal. (b) A person commits aggravated cruelty to animals if he or she knowingly tortures, needlessly mutilates, or needlessly kills an animal. (c) A person commits cruelty to a service animal or a certified police working dog or certified police working horse if he or she violates the provisions of subsection (1) of this section with respect to a service animal, certified police working dog, or certified police working horse, as those terms are defined in sections (2.3), (2.4) and (4.7), whether the service animal, certified police working dog, or certified working horse is on duty or not on duty. (1.8) A peace officer having authority to act under this section may take possession of and impound an animal that the peace officer has probable cause to believe is a victim of a violation of subsection (1) or (1.5) of this section or is a victim of a violation of

21 P a g e 21 (2) section and as a result of the violation is endangered if it remains with the owner or custodian. If, in the opinion of a licensed veterinarian, an animal impounded pursuant to this subsection (1.8) is experiencing extreme pain or suffering, or is severely injured past recovery, severely disabled past recovery, or severely diseased past recovery, the animal may be euthanized without a court order. (a) Except as otherwise provided in subsection (2)(b) of this section, cruelty to animals, or cruelty to a service animal, certified police working dog, or certified police working horse pursuant to subsection (1.5)(c) of this section, is a class 1 misdemeanor. (a.5) (I) Repealed by Laws 2000, Ch. 282, 2, eff. July 1, (II) In addition to any other sentence imposed for a violation of this section, the court may order an offender to complete an anger management treatment program or any other appropriate treatment program. (III) The court shall order an evaluation to be conducted prior to sentencing to assist the court in determining an appropriate sentence. The person ordered to undergo an evaluation shall be required to pay the cost of the evaluation, unless the person qualifies for a public defender, then the cost will be paid by the judicial district. If the evaluation results in a recommendation of treatment and if the court so finds, the person shall be ordered to complete an anger management treatment program or any other treatment program that the court may deem appropriate. (IV) Upon successful completion of an anger management treatment program or any other treatment program deemed appropriate by the court, the court may suspend any fine imposed, except for a five hundred dollar mandatory minimum fine which shall be imposed at the time of sentencing. (V) In addition to any other sentence imposed upon a person for a violation of any criminal law under title 18, any person convicted of a second or subsequent conviction for any crime, the underlying factual basis of which has been found by the court to include an act of cruelty to animals, or cruelty to a service animal or certified police working dog or certified police working horse pursuant to subsection (1.5)(c) of this section required to pay a mandatory minimum fine of one thousand dollars and is required to complete an anger management treatment program or any other appropriate treatment program. (VI) Nothing in this paragraph (a.5) shall preclude the court from ordering treatment in any appropriate case.

22 P a g e 22 (b) (VII) (I) (II) (III) This subsection (2)(a.5) does not apply to the treatment of pack or draft animals by negligently overdriving, overloading, or overworking them, or the treatment of livestock and other animals used in the farm or ranch production of food, fiber, or other agricultural products when the treatment is in accordance with accepted agricultural animal husbandry practices, the treatment of animals involved in activities regulated pursuant to article 32 of title 44, the treatment of animals involved in research if the research facility is operating under rules set forth by the state or federal government, the treatment of animals involved in rodeos, the treatment of dogs used for legal hunting activities, wildlife nuisances, or to statutes regulating activities concerning wildlife and predator control in the state, including trapping. A second or subsequent conviction under the provisions of paragraph (a) of subsection (1) of this section is a class 6 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for the purposes of this section. In any case where the court sentences a person convicted of a class 6 felony under the provisions of this paragraph (b) to probation, the court shall, in addition to any other condition of probation imposed, order that: (A) The offender, pursuant to section (1), be committed to the county jail for ninety days; or (B) The offender, pursuant to section (3), be subject to home detention for no fewer than ninety days. In any case where an offender is committed to the county jail or placed in home detention pursuant to subparagraph (II) of this paragraph (b), the court shall enter judgment against the offender for all costs assessed pursuant to section , including, but not limited to, the cost of care. (c) Aggravated cruelty to animals is a class 6 felony; except that a second or subsequent conviction for the offense of aggravated cruelty to animals is a class 5 felony. A plea of nolo contendere accepted by the court shall be considered a conviction for purposes of this section. (d) (I) (II) If a person is convicted of cruelty to a service animal pursuant to paragraph (c) of subsection (1.5) of this section, the court shall order him or her to make restitution to the agency or individual owning the service animal for any veterinary bills and replacement costs of the service animal if it is disabled or killed as a result of the cruelty to animals incident. If a person is convicted of cruelty to a certified police working dog

23 P a g e 23 or certified police working horse pursuant to subsection (1.5)(c) of this section, the court shall order him or her to make restitution to the agency or individual owning the certified police working dog or certified police working horse for all expenses, including any immediate and ongoing veterinary expenses related to the incident, and replacement costs for the certified police working dog or certified police working horse if it is permanently disabled or killed as a result of the cruelty to animals incident. If the court finds that the person who is convicted of cruelty to a certified police working dog pursuant to subsection (1.5)(c) of this section did so with malicious intent, the person shall additionally make restitution to the agency or individual owning the certified police working dog or certified police working horse for all training and certification costs related to the certified police working dog or certified police working horse. (2.5) It shall be an affirmative defense to a charge brought under this section involving injury or death to a dog that the dog was found running, worrying, or injuring sheep, cattle, or other livestock. (3) Nothing in this part 2 modifies in any manner the authority of the parks and wildlife commission, as established in title 33, C.R.S., or prohibits any conduct authorized or permitted under title 33, C.R.S. COLO. REV. STAT Scope of article. (1) Nothing in this article shall affect accepted animal husbandry practices utilized by any person in the care of companion or livestock animals, or in the extermination of undesirable pests as defined in articles 7, 10, and 43 of this title. (2) In case of any conflict between this article or regulations adopted pursuant to this article or section and the wildlife statutes of the state, said wildlife statutes shall control. (3) Nothing in this article shall affect animal care otherwise authorized by law. (4) Nothing in this article shall affect facilities licensed under the provisions of the federal Animal Welfare Act of 1970, 7 U.S.C. sec et seq., as amended.

24 P a g e FIGHTING AND RACKETEERING COLO. REV. STAT Animal fighting penalty. (1) (a) No person shall cause, sponsor, arrange, hold, or encourage a fight between animals for the purpose of monetary gain or entertainment. (b) For the purposes of this section, a person encourages a fight between animals for the purpose of monetary gain or entertainment if he or she: (I) (II) (III) (IV) (V) (VI) Is knowingly present at or wagers on such a fight; Owns, trains, transports, possesses, breeds, sells, transfers, or equips an animal with the intent that such animal will be engaged in such a fight; Knowingly allows any such fight to occur on any property owned or controlled by him; Knowingly allows any animal used for such a fight to be kept, boarded, housed, or trained on, or transported in, any property owned or controlled by him; Knowingly uses any means of communication for the purpose of promoting such a fight; or Knowingly possesses any animal used for such a fight or any device intended to enhance the animal s fighting ability. (2) (a) Except as described in paragraph (b) of this subsection (2), a person who violates the provisions of this section commits a class 5 felony and, in addition to the punishment provided in section , the court shall impose upon the person a mandatory fine of at least one thousand dollars. (b) (b)a person who commits a second or subsequent violation of this section commits a class 4 felony and, in addition to the punishment provided in section , the court shall impose upon the person a mandatory fine of at least five thousand dollars. (3) Nothing in this section shall prohibit normal hunting practices as approved by the division of wildlife. (4) Nothing in this section shall be construed to prohibit the training of animals or the use of equipment in the training of animals for any purpose not prohibited by law. COLO. REV. STAT Disposition of fines. Any fines collected pursuant to section shall be transmitted to the state treasurer, who shall then transmit the same to the county where the offense occurred for deposit in the general fund to be used for the care of the animals involved in the offense, if required, or, if not required, for any other lawful purpose.

25 P a g e 25 COLO. REV. STAT Definitions. 5 SEXUAL ASSAULT As used in this part 2, unless the context otherwise requires: (1) Abandon means the leaving of an animal without adequate provisions for the animal s proper care by its owner, the person responsible for the animal s care or custody, or any other person having possession of such animal. (2) " Animal" means any living dumb creature, including a certified police working dog, a certified police working horse, and a service animal as those terms are defined, respectively, in subsections (2.3), (2.4) and (4.7) of this section. (2.3) "Certified police working dog" means a dog that has current certification from a state or national agency or an association that certifies police working dogs, and that is part of a working law enforcement team. (2.4) Certified police working horse means a horse that has current certification from a state or national agency or an association that certifies police working horses, and that is part of a working law enforcement team. (2.5) Disposal or disposition means adoption of an animal; return of an animal to the owner; sale of an animal under section (4); release of an animal to a rescue group licensed pursuant to article 80 of title 35, C.R.S.; release of an animal to another pet animal facility licensed pursuant to article 80 of title 35, C.R.S., or release of an animal to a rehabilitator licensed by the parks and wildlife division or the United States fish and wildlife service; or euthanasia. (2.7) Euthanasia means to produce a humane death by techniques accepted by the American veterinary medical association. (2.9) Livestock means bovine, camelids, caprine, equine, ovine, porcine, and poultry. (3) Mistreatment means every act or omission that causes or unreasonably permits the continuation of unnecessary or unjustifiable pain or suffering. (4) Neglect means failure to provide food, water, protection from the elements, or other care generally considered to be normal, usual, and accepted for an animal s health and well-being consistent with the species, breed, and type of animal. (4.5) "Serious physical harm", as used in section , means any of the following: (a) Any physical harm that carries a substantial risk of death; (b) Any physical harm that causes permanent maiming or that involves some temporary, substantial maiming; or (c) Any physical harm that causes acute pain of a duration that results in substantial suffering. (4.7) "Service animal" means any animal, the services of which are used to aid the performance of official duties by a fire department, fire protection district, or governmental search and rescue agency. Unless otherwise specified, "service animal" does not include a include a "certified police working dog" or a certified police working horse as defined in subsections (2.3) and (2.4) of this section.